Pakatan MB, excos vacate office
Published: May 12, 2009 6:47 AM | Updated: May 12, 2009 11:03 PM
Pakatan Rakyat Menteri Besar Mohammad Nizar Jamaluddin and his executive councillors vacated their office this afternoon.
Pakatan Rakyat Menteri Besar Mohammad Nizar Jamaluddin and his executive councillors vacated their office this afternoon.
Saying they respect the Court of Appeal's decision, the MB and his excos left the state secretariat building in Ipoh at about 2.30pm, some seven hours after taking over the reins of administration again.
Pakatan lawyer Chan Kok Keong said they are waiting for the sultan's reply to Nizar’s request for dissolution of the state assembly.
He pointed out that the request was made before the Court of Appeal delivered the stay order this afternoon.
"It (the request) was delivered early this morning and we are still hopeful that we will not be a disappointed for a second time.
"Regardless of whether any menteri besar has requested for a dissolution, the state constitution provides that the sultan has the discretion to dissolve the assembly without advice," he said in a statement.
"Therefore, by comparison, (Barisan Nasional's) Zambry's (Abd Kadir) claim to be the lawful MB is weaker than Nizar. At best, there are two menteris besar.
"At worst, Zambry is an imposter whose claim to hold on to power has neither legal basis nor authority," he added.
Nizar: We don't want to cling to power
According to Chan, Nizar's position is morally and legally better than Zambry's.
Although a stay order was granted, he said, at least Nizar has a court declaration whereas Zambry has none.
"The judgment has only been stayed, not set aside. The moral victory is still ours although the legal victory has been paralysed by the stay order.
"What took weeks to prepare and after painstaking efforts of arguing the finer points, the (Kuala Lumpur High Court) judge delivered his judgment. In less than half a morning, the legal effect of that judgment was suspended by a single judge of the Court of Appeal," he said.
"We believe that the weight of authority of (High Court judge) Abdul Aziz Abdul Rahim’s judgment must be greater than the order of the Court of Appeal," he added.
Meanwhile, Nizar said that that his Pakatan Rakyat coalition had no intention to "cling on to power".
"We have sent a letter seeking an audience (with the sultan) to request dissolution of the state assembly to give back the rights to the people to elect the state government.
"The minute the (High) court had decided, we said we want to seek a dissolution. In less than three weeks, (we can) settle the problem (through state polls).
"The courts cannot decide the state government. If you want to determine the government, go back to the people, let the people judge."
Respect court's decision
Earlier, Zambry urged Nizar to accept the Court of Appeal's stay order and to move out of the state secretariat building immediately.
"They should accept the decision and not protest whenever the courts do not favour them," he told a hastily arranged press conference at the state Umno headquarters in Ipoh.
Zambry, who wants to resume his duties as MB, was however coy as to when he would go to the office, saying he wants to avoid "unnecessary tension" with political rivals.
He also refused to reveal if BN would push for an emergency sitting of the state legislative assembly to initiate a no-confidence vote against Nizar.
"It is premature to say at this moment," he said.
Asked what would happen if Nizar refuses to vacate the menteri besar's office, Zambry replied: "It is not a question. They have to realise that this is a court ruling."
Citing himself as an example, Zambry said he respected the court ruling yesterday and did not report for duty or attend the state investiture attended by the Perak Regent Raja Nazrin Shah.
Zambry later lifted the suspension on the state legal adviser and state secretary issued by Nizar.
He also stressed that all earlier decisions by the BN state government stands.
Nizar had led his eight exco members to the state secretariat building to report for duty at 7.30am today.
Policy decisions were then immediately made and announced at an 11am press conference.
Saying they respect the Court of Appeal's decision, the MB and his excos left the state secretariat building in Ipoh at about 2.30pm, some seven hours after taking over the reins of administration again.
Pakatan lawyer Chan Kok Keong said they are waiting for the sultan's reply to Nizar’s request for dissolution of the state assembly.
He pointed out that the request was made before the Court of Appeal delivered the stay order this afternoon.
"It (the request) was delivered early this morning and we are still hopeful that we will not be a disappointed for a second time."Regardless of whether any menteri besar has requested for a dissolution, the state constitution provides that the sultan has the discretion to dissolve the assembly without advice," he said in a statement.
"Therefore, by comparison, (Barisan Nasional's) Zambry's (Abd Kadir) claim to be the lawful MB is weaker than Nizar. At best, there are two menteris besar.
"At worst, Zambry is an imposter whose claim to hold on to power has neither legal basis nor authority," he added.
Nizar: We don't want to cling to power
According to Chan, Nizar's position is morally and legally better than Zambry's.
Although a stay order was granted, he said, at least Nizar has a court declaration whereas Zambry has none.
"The judgment has only been stayed, not set aside. The moral victory is still ours although the legal victory has been paralysed by the stay order.
"What took weeks to prepare and after painstaking efforts of arguing the finer points, the (Kuala Lumpur High Court) judge delivered his judgment. In less than half a morning, the legal effect of that judgment was suspended by a single judge of the Court of Appeal," he said.
"We believe that the weight of authority of (High Court judge) Abdul Aziz Abdul Rahim’s judgment must be greater than the order of the Court of Appeal," he added.
Meanwhile, Nizar said that that his Pakatan Rakyat coalition had no intention to "cling on to power".
"We have sent a letter seeking an audience (with the sultan) to request dissolution of the state assembly to give back the rights to the people to elect the state government.
"The minute the (High) court had decided, we said we want to seek a dissolution. In less than three weeks, (we can) settle the problem (through state polls).
"The courts cannot decide the state government. If you want to determine the government, go back to the people, let the people judge."
Respect court's decision
Earlier, Zambry urged Nizar to accept the Court of Appeal's stay order and to move out of the state secretariat building immediately.
"They should accept the decision and not protest whenever the courts do not favour them," he told a hastily arranged press conference at the state Umno headquarters in Ipoh.
Zambry, who wants to resume his duties as MB, was however coy as to when he would go to the office, saying he wants to avoid "unnecessary tension" with political rivals.
He also refused to reveal if BN would push for an emergency sitting of the state legislative assembly to initiate a no-confidence vote against Nizar.
"It is premature to say at this moment," he said. Asked what would happen if Nizar refuses to vacate the menteri besar's office, Zambry replied: "It is not a question. They have to realise that this is a court ruling."
Citing himself as an example, Zambry said he respected the court ruling yesterday and did not report for duty or attend the state investiture attended by the Perak Regent Raja Nazrin Shah.
Zambry later lifted the suspension on the state legal adviser and state secretary issued by Nizar.
He also stressed that all earlier decisions by the BN state government stands.
Nizar had led his eight exco members to the state secretariat building to report for duty at 7.30am today.
Policy decisions were then immediately made and announced at an 11am press conference.
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